Marketing commercial real estate online

Better Building Showcase
Terms and Conditions

Revised: January, 2017

The following are terms and conditions for subscribing to and using the BetterBuildingShowcase.com and BetterBuildingShowcases.com websites and related Better Building Showcase products and services (all hereinafter individually and collectively referred to as “BBS products and services”).

Read this agreement (“Agreement”) carefully. It sets forth the Terms and Conditions that govern your access to and use of BBS products and services and is a binding contract between you and Better Building Showcase, LLC (hereinafter referred to as BBS).

BBS reserves all rights that are not specifically granted to you under this Agreement. BBS may modify the Terms and Conditions of this Agreement, from time to time. Changes will be effective when posted on the BBS Website. Please review these Terms and Conditions periodically.

TERMS AND CONDITIONS

So long as you comply with the Terms and Conditions of this Agreement, and subject to making required payments, BBS grants you a personal, limited, nonexclusive, nontransferable, revocable license to view the BBS website and to utilize BBS products and services subject to the following Terms and Conditions:

You must be 18 years of age, or older, and have the legal right to agree to these Terms and Conditions. You may not utilize any of the software or services that are subject to this Agreement if you are under 18 years of age, or are a competitor of BBS (or agent of a competitor) or a competitor (or agent of a competitor) of BBS products or services, or if your account for utilizing BBS products or services has been terminated due to noncompliance with the Terms and Conditions of this Agreement.

Your use of the BBS products and services is solely and exclusively at your own risk, including (but not limited to) the risk of product defects, interruptions in service, variations in quality and the possibility of exposure to offensive or otherwise undesirable content.

BBS may modify the Terms and Conditions of this Agreement, or modify, interrupt or discontinue any or all of the products provided under this Agreement, at its sole discretion and without notice. You understand and acknowledge that your access to BBS products and services following any such changes constitutes and affirms your acceptance of these changes.

Under the Terms and Conditions of this Agreement, you specifically agree that you will:

  • Make the required payment for the BBS products and services that you purchase.
  • Take full and sole responsibility for any and all information and other materials (such as, but not limited to, photographs) that you provide for, or enter into BBS products or services.

Under the Terms and Conditions of this Agreement, you specifically agree that you will not:

  • Attempt to discover, copy, duplicate, replicate, reverse-engineer or sell any portion of BBS products or services.
  • Attempt to sell or transfer your license to use a BBS product or service to any other party.
  • Attempt unauthorized access to BBS products and services.
  • Attempt to upload any virus, malware or spyware, or other harmful software or code to BBS products and services or to supporting infrastructure thereof.
  • Use BBS products or services for any illegal or unethical purpose or in any manner that causes liability or legal or ethical concern.
  • Utilize BBS products and services to upload, link to or publish any data that is Illegal, unethical, fraudulent, offensive, or is deemed by BBS, in its sole discretion, to be objectionable.
  • Utilize BBS products and services to upload any content that is not legally yours or that is protected by copyright or other intellectual property protections that you do not own.
  • Take any action that, in the sole discretion of BBS, attempts to gain unauthorized access to, or demands unreasonable capacity from BBS products and services.
  • Use any automated electronic process to retrieve, scrape or index any portion of BBS products and services.
  • Attempt to send bulk email or to engage in any other form of mass messaging or spamming.
  • In any way represent or attempt to create the impression that you, or your organization, is in any way affiliated with, or is endorsed or certified or sponsored by BBS or by BBS products or services.
  • In any way represent or attempt to create the impression that BBS or BBS products or services in any manner represents or acts as an agent for you or your organization.

BBS and its business partners and affiliates cannot be, and are not responsible for the data that you enter into, or provide for BBS products and services, or for consequences that may result from, or may be related to, your use of BBS products or services. If you violate any of the preceding Terms and Conditions, or any of the additional Terms and Conditions contained in this Agreement, BBS may, at its sole discretion, terminate your account and license to use BBS products and services, without compensation or liability. You understand and acknowledge that BBS has the right to terminate your account, at any time and for any reason.

CONTENT AND USE

BBS developed and provides BBS products and services for the purpose of providing online commercial real estate sales and marketing communications tools as a service. BBS does not represent, certify, endorse nor have any agency relationship with the individuals or organizations that utilize the BBS products and services or any services or technologies related to either.

BBS cannot and does not assume any responsibility interactions or business activities that may result from use of BBS products and services. BBS does not evaluate the information supplied for use in BBS products and services and possibly disseminated thereby.

BBS does not evaluate or in any manner endorse products or services provided by participants within or through BBS products and services. With respect to any such third party products or services, we urge you to exercise the high level of due diligence and caution that is prudent in establishing and conducting any business relationship.

The maps and directions provided by BBS are obtained from Google Maps. By using Google Maps, you agree to the Google Maps Terms of Service, available at https://www.google.com/intl/en-US_US/help/terms_maps.html. BBS makes no guarantees, warranties or representations as to the accuracy of this information. You assume all risks related to use of Google maps and related information obtained through BBS.

Please report any problems with, or misrepresentation by individuals or organizations utilizing BBS products and services. While BBS is not obligated to enforce the Terms and Conditions of this Agreement against a user, we reserve the right to take what we deem to be appropriate action, at our sole discretion.

YOUR SUBSCRIPTION

Subscriptions are automatically billed on a recurring basis until you cancel the recurring billing feature.

Your notice of cancellation for a subscription must be received at least thirty days prior to the end of your current billing cycle; and no refund will be made for an unused portion of a subscription.

Requests for subscription cancellations must be made by utilizing the Stop Future Billing link at the bottom of your Account Information page, or by emailing Support@BetterBuildingShowcase.com. An email request for cancellation must include the date and amount of the initial subscription payment and the last four numbers of the credit card to which the payment was charged.

If you have any questions or concerns regarding your account or a credit card charge or cancellation, please contact us at Support@BetterBuildingShowcase.com and provide the following information:

  • Your First and Last Name (and the first and last name of the credit card holder, if different).
  • Subscription type (Better Building Showcase or Showcase Express and monthly or annual)
  • Email address used when subscribing (and your current email address if different)
  • Phone number including country code
  • Country (if other than the United States)

YOUR INFORMATION

Users who identify himself or herself as a broker or agent on the BBS website member registration form or otherwise purport to be a broker hereby represents and warrants that they are validly licensed as a broker and is in compliance with applicable broker requirements in all jurisdictions in which you are required to be licensed. BBS may, in its sole discretion, but without any obligation to verify the licensure of such individual as a broker or agent, remove from the list of brokers any User whom the Company believes is not a licensed broker or agent in any applicable jurisdiction. BBS may, in its sole discretion, terminate the accounts of, and refuse services to, any User who repeatedly or knowingly misrepresents its licensed broker or agent status or upon notification by any state agency or similar governmental authority that such User is not a licensed broker. BBS does not and shall not have any obligation to independently verify the licensure of individuals identified as brokers and agents on the website. It is your responsibility to confirm the licensed status of any brokers listed on the BBS website.

You understand and acknowledge that you have sole and exclusive responsibility for any and all information that you submit to BBS products and services.

In any and all cases, you agree to submit information that is legal, accurate and truthful. You will not submit any information that is false, misleading, unethical, immoral, pornographic, defamatory or is illegal.

You agree that BBS has the right to screen, edit and if deemed necessary (in BBS’s sole discretion) remove information that you submit.

You assume all risks related to your content, including (but not limited to) any person or organization’s reliance on its accuracy or reliability, or disclosure that makes you personally identifiable.

You agree not use BBS products and services for any illegal or unethical purpose or in any manner that causes liability or other legal or ethical concern. You agree not to upload, link to or publish any data that is Illegal, unethical, fraudulent, offensive, or is deemed by BBS (in its sole discretion) to be objectionable.You represent that you have the legal right to use, or to authorize the use of, any and all content that you submit. You grant BBS a worldwide, royalty-free, non-exclusive, fully transferable license to host and to use the information that you provide in any way, including (but not limited to) aggregation with information provided by others and redistribution, additional software and website development, creation and distribution of derivative works and advertising and promotion. You understand and acknowledge that you will not be entitled to compensation for any such use of your information.

Under this Agreement you irrevocably waive any claims with respect to BBS’s use of the information that you submit. BBS and its business partners and affiliates cannot be, and are not responsible for the data that you enter into BBS products and services.

SECURITY OF YOUR ACCOUNT

You must create an account, and obtain a password, in order to use BBS products and services provided under this Agreement. In doing so, you understand and acknowledge that you have the sole and exclusive responsibility for maintaining the security of your password and for the security and integrity of any and all information submitted and activities that occur in connection with your account. You agree to promptly notify BBS of any concerns that you may have related to your account.

You are responsible for the security of your account, including password security. Contact us if you have any questions or concerns about your account.

THIRD PARTY CONTENT

Content from one or more third parties may appear on or within BBS products and services. BBS does not control or endorse any third party content. You agree that BBS is not responsible for any third party content and that you link to third party websites and utilize third party content at your own risk.

COMMUNICATIONS FROM BBS TO YOU

You understand that BBS may communicate with you and you agree to receive communications from BBS, either by email, telephone, website postings or normal mail, including information that may be required by law, notices of changes to the Terms and Conditions under this Agreement, notices of new products and product changes, invoices and receipts for payments and other information. Notwithstanding, BBS will not sell or otherwise share your personal information with any third party without your permission.

PAYMENTS

The payment required for use of BBS products and services will be determined by BBS and may change from time to time. Appropriate payment is required prior to commencing use of a BBS product or service. Any violation of this Agreement may result in your account and access to your data being terminated without refund of any fees paid.

PRIVACY

In providing BBS products and services, BBS has established the following Privacy Policy for the use of these services. By utilizing any BBS product or service, you are acknowledging and accepting this Privacy Policy. This Privacy Policy may be revised from time to time; and your continued use of BBS products and services, subsequent to any such changes, will constitute your continuing acknowledgement and acceptance of the then current Privacy Statement.

BBS may collect personally identifiable information in the course of providing BBS products and services. Websites may collect domain names and IP addresses of visitors and may also collect personally identifiable information related to visitor’s usage of third-party sites accessed through BBS websites. BBS does not sell personally identifiable information to third parties.

Data collected by BBS is used to improve the efficiency and effectiveness of BBS products and services. Some portions of the data that you provide may be aggregated to generate statistical analysis and reports of activity that takes place within BBS products and services. In the course of aggregating this data and preparing public reports, your personal information and identity will not be released (unless deliberately authorized by you, in writing).

BBS may share aggregated usage information that does not personally identify you with business partners and other affiliates. In such cases BBS will require the organizations that acquire this information to comply with the provisions of this privacy policy.

BBS will not sell your personal information to third parties for marketing purposes except in cases where you give BBS electronic or written permission to do so. BBS will make its best effort to not disclose personally identifiable information to unaffiliated third parties or mass-marketers.

Should BBS be acquired by another organization or otherwise sell some or all of its assets, information that you have provided is likely to become the property of the buyer. BBS may outsource some aspects of the development and management of BBS products and services. During this process, information that you provide may be shared with outsourced technology vendors. BBS may also share your information in the case of legal action or court orders. BBS products and services utilize a variety of technologies (including but not limited to cookies) to collect information that helps us to better understand website and software usage and to improve the services that we deliver. BBS will protect the information that you provide by means of the best electronic and physical security measures available to us. Nonetheless, transmission of information over the Internet involves security risks. As a result, we cannot and do not guarantee the security or confidentiality of the information that you transmit or we store.

If you have any questions or concerns about your privacy, we urge you to not utilize BBS products or services.

INDEMNITY

You agree to indemnify and hold BBS and its subsidiaries, affiliates, suppliers, partners, directors, officers, employees and representatives harmless from any and all liabilities, claims, expenses  including legal fees and from any demand or claim made by any third party arising out of your use of BBS products and services, or arising as a result of your breach of this Agreement, or arising out of your purchase of products or services associated with your use of BBS products or services, or arising out of any intellectual property or other legal dispute associated with your use of BBS products and services.

BBS reserves the right, in its sole discretion and at your expense, to assume the exclusive defense and control of any matter for which you are required, under the Terms and Conditions of this Agreement, to indemnify us. You agree to reasonably cooperate as requested by BBS, in the defense of any claims and agree not to settle any such matter without first obtaining written consent from BBS.

DISCLAIMER AND LIMITATION OF LIABILITY

THE CONTENT, SERVICES AND FUNCTIONS OF BBS PRODUCTS AND SERVICES ARE MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” WITH NO CLAIMS OR WARRANTIES OF ACCURACY, QUALITY, MERCHANTABILITY OR RELIABILITY. BBS AND ITS AFFILIATES, SUPPLIERS AND OTHER RELATED ENTITIES DISCLAIM LIABILITY FOR ANY DAMAGES, LOSS OF PROFIT OR PROPERTY OR DAMAGE TO REPUTATION, OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT. YOUR USE OF THE CONTENT, SERVICES AND FUNCTIONS OF BBS PRODUCTS AND SERVICES IS ENTIRELY AT YOUR OWN DISCRETION AND RISK. BBS AND ITS AFFILIATES, SUPPLIERS AND OTHER RELATED ENTITIES ARE NOT LIABLE FOR ANY LOSS OR DAMAGE AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT BBS PRODUCTS AND SERVICES ARE FIT FOR A PARTICULAR PURPOSE. THE CONTENT, SERVICES AND FUNCTIONS OF BBS PRODUCTS AND SERVICES ARE PROVIDED SOLELY FOR GENERAL INFORMATION AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE.

BBS AND ITS AFFILIATES, SUPPLIERS AND OTHER RELATED ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED FOR PRODUCTS AND SERVICES OFFERED ON, OR THROUGH, OR RELATED TO THE BBS WEBSITE OR BBS PRODUCTS. NO ORAL OR WRITTEN REPRESENTATION MADE BY ANY BBS REPRESENTATIVE SHALL CREATE A REPRESENTATION OR WARRANTY TO THE CONTRARY.

BBS AND ITS AFFILIATES, SUPPLIERS AND OTHER RELATED ENTITIES CANNOT AND DO NOT WARRANT BBS PRODUCTS AND SERVICES, THE QUALITY OR RELIABILITY OF INTERNET ACCESS OR THE QUALITY OR RELIABILITY OF DATA TRANSMISSION. BBS AND ITS AFFILIATES, SUPPLIERS AND OTHER RELATED ENTITIES CANNOT AND DO NOT WARRANT THE APPROPRIATENESS, QUALITY OR RELIABILITY OF THE INFORMATION THAT YOU OR OTHER PARTICIPANTS ENTER INTO THE BBS WEBSITE OR BBS PRODUCTS AND SERVICES, NOR THE APPROPRIATENESS, QUALITY OR RELIABILITY OF INFORMATION THAT YOU MAY PREPARE, UPLOAD OR DOWNLOAD. IF YOU ARE DISSATISFIED WITH BBS PRODUCTS OR SERVICES, OR ANY INFORMATION PROVIDED THEREBY, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DELETE YOUR ACCOUNT AND THEREBY CEASE USING THESE PRODUCTS OR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF BBS AND ITS AFFILIATES, SUPPLIERS AND OTHER RELATED ENTITIES, FOR ALL CLAIMS RELATING TO THIS AGREEMENT, SHALL BE LIMITED TO THE AMOUNT THAT YOU PAID FOR THE USE OF THE BBS WEBSITE OR BBS PRODUCTS DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. IN NO EVENT WILL THE AMOUNT PAID BE GREATER THAN $500.00.

INTELLECTUAL PROPERTY RIGHTS

BBS products and services are protected by copyright, trademark, trade secret and other intellectual property laws. The rights granted to you under this Agreement are limited to viewing and entering information into BBS products and services and sharing that information through electronic transmission including but not limited to Internet links. Otherwise, BBS does not grant you any expressed or implied rights. Any and all such rights are retained by BBS. Termination of this Agreement shall not affect BBS’s rights to any payments due it.

GOVERNING LAW

Arizona state law governs this Agreement without regard to its conflict of law provisions. In the event of any legal proceeding between you and BBS, you agree to submit to the jurisdiction of State and/or Federal courts located within the State of Arizona.

ENTIRE AGREEMENT

This Agreement is the entire agreement between you and BBS. It replaces any and all prior understandings, oral or written. This Agreement may be modified by BBS at its sole discretion. If any court of law, having jurisdiction, rules that any part of this Agreement is invalid, then that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. BBS may assign or transfer this Agreement without your consent.

BY ACCESSING OR UTILIZING ANY BBS PRODUCT OR SERVICE, YOU ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.